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      STATE COURTS

      What types of cases do state courts handle?

      State courts handle virtually every kind of case imaginable. In fact, most cases in the country are brought in one type of state court or another. Divorces, child custody, personal injury, criminal, employment, contract disputes, will contests, and juvenile cases are just some of the types of cases regularly filed in state courts.

      What is the structure of state court systems?

      The structure of state court systems varies widely from state to state. The lowest courts are courts of limited jurisdiction—sometimes called inferior courts—that hear only particular types of cases. These are called small claims, general session, municipal, justice-of-the-peace, juvenile, and magistrate courts. For example, a citizen who contests a traffic ticket will likely appear in a general sessions court.

      The courts of general jurisdiction are often organized along the same three-tiered pattern found in the federal system of (1) trial courts, (2) intermediate appellate courts, and (3) final appellate courts. For example, Tennessee trial courts consist of circuit courts, chancery courts, probate courts, and criminal courts. The intermediate appellate courts are the Tennessee Court of Appeals and the Tennessee Court of Criminal Appeals, while the final appellate court is the Tennessee Supreme Court.

      Some state court systems have only two level of courts. For example, South Dakota has circuit courts and a supreme court. The nomenclature of the courts can also differ quite greatly. In most states, the final appellate court is called the Supreme Court, but in Maryland and New York the highest court is called the Court of Appeals.

      The National Center for State Courts provides an excellent overview of the structure of every state’s court system at http://www.ncsconline.org/D_Research/Ct_Struct/.

      What determines whether a case is filed in federal or state court?

      Often times, the question of whether a case is filed in federal or state court depends on which court has jurisdiction, or the ability to hear a case. Because state courts have broad jurisdiction, the most common question is whether the federal court has jurisdiction. An exception is bankruptcy cases, which are heard in federal court. Sometimes, cases—such as employment discrimination cases—can be filed in either state or federal court. The question then becomes one of legal strategy.

       State High Courts

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State	Highest State Court	# of Justices
Alabama	Alabama Supreme Court	9
Alaska	Alaska Supreme Court	5
Arizona	Arizona Supreme Court	5
Arkansas	Arkansas Supreme Court	7
Colorado	Colorado Supreme Court	7
Connecticut	Connecticut Supreme Court	7
Delaware	Delaware Supreme Court	5
District of Columbia	D.C. Court of Appeals	9
Florida	Florida Supreme Court	7
Georgia	Georgia Supreme Court	7
Hawaii	Hawaii Supreme Court	5
Idaho	Idaho Supreme Court	5
Illinois	Illinois Supreme Court	7
Indiana	Indiana Supreme Court	5
Iowa	Iowa Supreme Court	7
Kansas	Kansas Supreme Court	7
Kentucky	Kentucky Supreme Court	7
Louisiana	Louisiana Supreme Court	7
Maine	Maine Supreme Judicial Court	7
Maryland	Maryland Court of Appeals	7
Massachusetts	Massachusetts Supreme Judicial Court	7
Michigan	Michigan Supreme Court	7
Minnesota	Minnesota Supreme Court	7
Mississippi	Mississippi Supreme Court	9
Missouri	Missouri Supreme Court	7
Montana	Montana Supreme Court	7
Nebraska	Nebraska Supreme Court	7
Nevada	Nevada Supreme Court	7
New Hampshire	New Hampshire Supreme Court	5
New Jersey	New Jersey Supreme Court	7
New Mexico	New Mexico Supreme Court	5
New York	New York Court of Appeals	7
North Carolina	North Carolina Supreme Court	7
North Dakota	North Dakota Supreme Court	5